Raymond F. Kling and Barbara K. Kling - Page 51




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          attributable to negligence or disregard of rules or regulations.            
          Negligence is a "lack of due care or a failure to do what a                 
          reasonable person would do under the circumstances."  Leuhsler v.           
          Commissioner, 963 F.2d 907, 910 (6th Cir. 1992), affg. T.C. Memo.           
          1991-179.  Negligence also includes any failure to make a                   
          reasonable attempt to comply with the provisions of the Code,               
          exercise reasonable care in return preparation, keep proper books           
          and records to properly substantiate items, or have a reasonable            
          basis for a position taken.  See sec. 6662(c);  sec. 1.6662-                
          3(b)(1), Income Tax Regs.                                                   
               In determining whether petitioners were negligent in the               
          preparation of their returns, we take into account their business           
          experience.  See Glenn v. Commissioner, T.C. Memo. 1995-399,                
          affd. 103 F.3d 129 (6th Cir. 1996).                                         
               An exception to imposition of the negligence penalty is                
          provided if it is shown that there was a reasonable cause for the           
          understatement and the taxpayer acted in good faith.  Petitioners           
          bear the burden of proving that they are not liable for the                 
          penalty under section 6662(a).  See Bixby v. Commissioner, 58               
          T.C. 757, 791 (1972).                                                       
               Petitioners' primarily argue that, because Raymond "never              
          believed he was involved in a trade or business", they are not              
          liable for the accuracy-related penalty.  To the contrary,                  
          Raymond did know that he bought, sold, and traded sports                    







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